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    jia8211's Avatar
    jia8211 Posts: 3, Reputation: 1
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    #1

    Sep 27, 2008, 04:13 PM
    Water in gas tank- Is dealer or gas station responsible?
    I purchased a low mileage used 2008 Toyota Highlander car from a dealer in April and could not get it to start the other day. The dealer picked it up and could not figure out my problem. The computer diagnostic indicated there was water in the gas tank. I have only purchased gas from one station. It is surprising to me that something like this could happen so quickly. My car is garage kept and there has been no flooding in my area.

    Is it reasonable for the dealer to tell me this is my problem and charge me $900 to drain the gas and repair the car after only six months. Could this problem have existed prior to my being sold the car? If you feel the dealer is on solid ground should the gas station I use have any responsibility for this problem? Should I ask for Toyota to send a representative to confirm the dealers diagnostics?
    DanPatrick10's Avatar
    DanPatrick10 Posts: 134, Reputation: 5
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    #2

    Sep 27, 2008, 07:35 PM

    I purchased a low mileage used 2008 Toyota Highlander car from a dealer in April and could not get it to start the other day.
    To help you with your problem I need to ask you a few questions.

    1) Did you order a carfax report?

    2) Did you test drive the vehicle before you bought it?

    3) Have you been driving the vehicle since you bought it or has it been parked in your garage since April?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 27, 2008, 07:44 PM

    While it is possible for water to be in your gas tank, it is almost impossible for it to go 6 months without causing the problem,

    And it will be hard to prove it is the gas stations fault.

    If the car has been in full use all of this time, it is a issue that you are most likely just stuck with.
    DanPatrick10's Avatar
    DanPatrick10 Posts: 134, Reputation: 5
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    #4

    Sep 27, 2008, 09:48 PM
    However, if the dealer knew that there was water in the gas tank at the time of purchase and it caused damage to your engine then they would be legally responsible for the damage under contract law.
    jia8211's Avatar
    jia8211 Posts: 3, Reputation: 1
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    #5

    Sep 27, 2008, 09:50 PM
    Quote Originally Posted by DanPatrick10 View Post
    To help you with your problem I need to ask you a few questions.

    1) Did you order a carfax report?

    2) Did you test drive the vehicle before you bought it?

    3) Have you been driving the vehicle since you bought it or has it been parked in your garage since April?
    This caar was purchased by my 80 year old in laws. They did not get a car fax report to my knowledge. They did test drive the vehicle and it has worked well since it was purchased. No indication of a problem until it would not start. The car has been driven regularly and except for a trip to Baltimore in MAy it has been filed at the same gas station.
    DanPatrick10's Avatar
    DanPatrick10 Posts: 134, Reputation: 5
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    #6

    Sep 27, 2008, 10:21 PM

    Check your city or state laws for how much walling a gas station is supposed to use in their tanks. In some states like California it's triple wall to prevent fuel from being exposed to water and moisture.

    You don't have much to go off to bring suit against the gas station, but you could talk to your attorney general and see if you've got enough information for him/her to conduct an investigation.
    jia8211's Avatar
    jia8211 Posts: 3, Reputation: 1
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    #7

    Sep 27, 2008, 10:44 PM
    Thanks for your help
    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
    Cars & Trucks Expert
     
    #8

    Sep 28, 2008, 04:26 AM
    Quote Originally Posted by jia8211
    I purchased a low mileage used 2008 Toyota Highlander car from a dealer in April and could not get it to start the other day. The dealer picked it up and could not figure out my problem. The computer diagnostic indicated there was water in the gas tank. I have only purchased gas from one station. It is surprising to me that something like this could happen so quickly. My car is garage kept and there has been no flooding in my area.

    Is it reasonable for the dealer to tell me this is my problem and charge me $900 to drain the gas and repair the car after only six months. Could this problem have existed prior to my being sold the car? If you feel the dealer is on solid ground should the gas station I use have any responsibility for this problem? Should I ask for Toyota to send a representative to confirm the dealers diagnostics?
    To begin, if the vehicle has been in service since purchase in April, it is most likely that contaminated fuel was pumped sometime between then and when the problem began. The dealer isn't likely responsible for your fuel purchases.

    I don't believe that a diagnostic computer can indicate water in the tank. More probable is the tech diagnosing the concern sampled the fuel that is in the tank to discover the problem.

    The high cost of disposal of contaminated fuel varies significantly from one area to another. $900 to drain and dispose of the contaminated fuel and repair? What did they say the "repair" included? You should expect them to replace the fuel filter, clean the fuel lines of contaminated fuel and also clean the injectors as best they can. You may still have some water trapped in them and corrosion may have already begun. Most fuel systems don't like the taste of water and are susceptible to corrosion.

    I certainly would contact management at the station you suspect the bad fuel came from. I would contact the station owner as well and find a number to their corporate offices, if any. It's worth a try, but you may still be held responsible for the repairs until your claim comes to fruition, and you should have repairs completed as soon as possible to avoid the chance of additional damage or corrosion.

    **EDIT** Also, you'll need to prove you purchased the fuel at that station and you'll need to prove you didn't buy gas anywhere else.
    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
    Cars & Trucks Expert
     
    #9

    Oct 2, 2008, 04:33 PM
    Quote Originally Posted by this8384
    sounds to me like the OP got taken advantage of by the dealer.
    That is NOT what I said, and that is NOT what I believe!

    Re-read my post, please.

    If you don't understand what I wrote, perhaps I didn't explain clearly enough for you or you just didn't understand.

    From April to September is a long time to be held accountable for the fuel that was in the vehicle when it was purchased. That alleged bad fuel most likely was pumped well after the vehicle was put into service by the owner.
    Quote Originally Posted by jia8211
    I purchased a low mileage used 2008 Toyota Highlander car from a dealer in April and could not get it to start the other day.
    Are we clear?
    suptclark's Avatar
    suptclark Posts: 64, Reputation: 8
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    #10

    Oct 3, 2008, 06:36 PM
    I believe this owner made the mistake of buying gas while a delivery was being made to the station. This only has to happen once to get a lot of water in the tank. Every station has water in the bottom of the tank and is stirred up during deliveries. The charges to to correct the problem were pure theft.
    heathercox98's Avatar
    heathercox98 Posts: 1, Reputation: 1
    New Member
     
    #11

    Oct 6, 2009, 05:11 PM
    I am having the same problem and my gas is actually ORANGE! My brother is an ASE certified mechanic and said that water in the tank does not show up on diagnostics. I have been without my car now for 4 days but should have it back tomorrow since they figured out the problem. He also said this happens more often than people think. I have contacted the gas station and have their corp number and am calling them tomorrow because they are footing the bill for this one.
    RickMN's Avatar
    RickMN Posts: 244, Reputation: 52
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    #12

    Oct 6, 2009, 05:23 PM

    Water is heavier than gas and the fuel pump pulls gas from the bottom of the tank. So, if the water was in the tank when you bought it, you would have known right away. I don't see how you can blame the dealer for the water.

    Water at the gas station is another matter. If the underground storage tank is leaking or water was stirred up after a delivery, it's very possible you got it from the station. Talk to the station manager AND the Department of Weights and Measure in your state and your State's EPA since they are responsible for making sure underground storage tanks don't leak. Also call the State Attorney General's office to see if they can offer any help in finding out if you are the only one who has complained.

    Now, as to the dealer's charges. Technically, they are supposed to drop the tank, drain it, send it out to be cleaned, install a new filter sock on the fuel pump, flush the lines, install a new fuel filter, and re-install the tank. If you add the cost of the original diagnostics to find out exactly what was wrong (there no trouble code for water in the tank on a gasoline engine --diesel, yes. Gasoline, no) and the higher hourly rate charged by dealers, the $900 price doesn't seem horrible. On the high end, yes. A rip off--I don't think so.

    Have you consulted your insurance carrier to see if this is covered under the comprehensive portion of your car insurance?
    jusjon's Avatar
    jusjon Posts: 1, Reputation: 1
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    #13

    Dec 23, 2010, 11:08 AM
    I filled my 04 F 150 with fuel at the regular place where I guy gas on Monday at 715 am. I purchased 72.00 worth of fuel at the going rate. I did not get two miles before the check engine light started flashing and the engine came to a complete stop. I called for a backup truck and then called a wrecker. I left the car with the wrecker service while I went on to work. Today I was told as the mechanic changed the fuel filter he found water and contaminated gas in the tank. I reported the problem to the station and they asked "did you buy fuel anywhere else?" I said no and I think you are responsible for the problem. She then called the authorities to check her tanks for water. She said no one else had reported a problem. What do I do now? JB
    kitch428's Avatar
    kitch428 Posts: 1,440, Reputation: 152
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    #14

    Dec 23, 2010, 11:40 AM

    You have no choice but to get the vehicle repaired. In doing so, have a mason jar of fuel sample kept for evidence and documentation on the repair order of what had to be done and the root cause.
    Add that to your story what you said here, and aggressively discuss to whomever you called before. Keep after them.
    The squeaky wheel gets the grease.
    TxGreaseMonkey's Avatar
    TxGreaseMonkey Posts: 16,761, Reputation: 5597
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    #15

    Dec 23, 2010, 08:57 PM

    jusjon, read the link below:

    E15 and Engines - Can Ethanol Damage my Engine - Popular Mechanics

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